2008 Heo 8433 Trademark registration invalidation
[General principles of similarity assessment]
The court examines the words, graphics and symbols displayed in each mark to assess whether their overall visual impressions could cause confusion as indicators of origin.
Earlier registered mark
Designated Goods: Suitcases
Mark
Registered trademark
Designated Goods: Suitcases
Mark
[Similarity of the marks]
1. The marks
The registered mark combines strawberry and girl devices, while the earlier mark combines snake and girl devices. The earlier girl character has a relatively large face, three strands of hair, and a hairpin with three strawberries. It was created around 1998 and used on bags, clothing and other goods.
In each mark, the girl is visually prominent despite the accompanying strawberry or snake device. Consumers may therefore perceive the marks through the girl character.
The registered girl character likewise has a large face, three protruding strands of hair and a three-strawberry hairpin. These shared features create a similar overall appearance.
Both may be perceived or referred to as a girl or strawberry girl, giving them the same pronunciation and concept.
2. Designated Goods
The registered mark is similar to the earlier mark.
3. Conclusion
The marks are similar.
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